New U.S. attorney outlines approach to pot law enforcement

BOSTON -- Less than a month since his Senate confirmation, U.S. Attorney Andrew Lelling may now be the person with the greatest ability to influence how the legal marijuana industry will take shape in Massachusetts.

A 16-year veteran of the Justice Department, Lelling on Thursday was thrust to the forefront as the state works to implement a 2016 voter law that legalized marijuana for adult consumption when U.S. Attorney General Jeff Sessions announced the end of a previous federal policy instructing U.S. prosecutors not to interfere with legal and regulated marijuana markets established by individual states.

Sessions said the Justice Department will leave decisions about enforcement of federal marijuana laws to individual U.S. attorneys in states that have legalized pot and set up regulatory structures for its use.

Because marijuana remains illegal at the federal level, Lelling has considerable power over the future of legal marijuana in Massachusetts. In a statement Thursday afternoon, the U.S. attorney pledged his office will prosecute federal marijuana crimes but suggested a preference to go after bulk traffickers and criminal gangs rather than organizations acting within state regulatory frameworks.

"This office will pursue federal marijuana crimes as part of its overall approach to reducing violent crime, stemming the tide of the drug crisis, and dismantling criminal gangs, and in particular the threat posed by bulk trafficking of marijuana, which has had a devastating impact on local communities," Lelling said in a statement.

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"As with all of our decisions, we will continue to use our prosecutorial discretion and work with our law enforcement partners to determine resource availability, weigh the seriousness of the crime and determine the impact on the community."

Lelling said he will "aggressively investigate and prosecute bulk cultivation and trafficking cases, and those who use the federal banking system illegally" and added that those efforts will not impact efforts to combat the opioid crisis.

The new U.S. attorney said he plans to meet with federal partners soon "to discuss enforcement efforts and priorities" and then he will meet with state and local law enforcement "to reinforce our commitment to assisting local communities in this effort."

Earlier Thursday afternoon, the group of advocates behind the successful 2016 ballot initiative commended the U.S. attorney for the legal pot state of Colorado, Bob Troyer, for saying his office would not alter its enforcement priorities in response to Sessions' decision Thursday. The group called on Lelling to follow Troyer's lead.

"A large majority of Massachusetts voters decided to replace prohibition with a safe, regulated legal sales system. We call on Andrew Lelling to recognize and respect the voters' decision," Jim Borghesani, spokesman for the Marijuana Policy Project's local arm and former communications director for the Yes on 4 Campaign, said in a statement. "Disrupting the emerging legal market would jeopardize significant new tax revenues for the state and its communities and would empower criminals to continue their market domination."

Meanwhile, the Cannabis Control Commission is forging ahead as it seeks public input on its proposed regulations for the legal marijuana market, which is expected to begin retail sales to adults 21 or older on July 1.

"The role of the Cannabis Control Commission remains the same -- to fulfill the will of the voters of Massachusetts by implementing and administering a regulatory process that is safe, equitable and efficient," the CCC said in a statement Thursday. "Our priority has always been to protect public safety and develop regulations that are compliant with all laws including those passed by the voters and the legislature legalizing the recreational use of marijuana in the Commonwealth."

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